Jury trial on theft charge

Press, 26 February 1980, Page 10

Jury trial on theft charge

Wayne David Brown, aged 23, an unemployed painter (Mr J. , Brandts-Giesen), |n the Magistrate’s Court yesterday, was committed to the Supreme Court for trial on a .charge of theft of 52750 from Stephen James Keenan on or about July 26, 1978. After a depositions hearing in which two prosecution witnesses gave evidence, Messrs M.-. B.; Hayes and L. M. Hooker, Justices of the Peace, held there, was sufficient evidence to put the defendant on trial. The defendant had pleaded not guilty to the charge, and elected trial by jury. He was remanded on bail to April 14, pending his Supreme Court trial. The hearing . involved, money allegedly paid by Mr Keenan to the defendant, on the understanding that the defendant would buy a' utility car for Mr Keenan. Evidence was given- that the. defendant subsequently took. civil ■ proceedings against a. dealer to recover, $1409 deposit on a vehicle, paid from , money ;pnt - to

him by the defendant.. At the end -of the ■ prosecution evidence Mr BrandtsGiesen submitted , that the charge should -.- be dismissed as the evidence did not disclose that the defendant intended to keep the money indefinitely. The complainant had admitted it would be “proper” for $4OO to be deducted for work done by the defendant. Counsel said there had been complicating factors such as the matter of civil proceedings, and the “interference” of the official assignee in relation to the money. Sergeant M. P.' Caldwell, who prosecuted, submitted, however, that there was a case to answer ”:as the defendant had failed to account to Mr Keenan for the money.. The defendant had claimed, to have it in a solicitor’s trust account and then in somebody . Rise’s account. "His alternative. explanations showed : his criminal intention to hold the money, Sergeant .Caldwell said,.. . -